Gunter Mediation Services, LLC offers online mediation services for parties in general civil litigation throughout the State of Minnesota. When rules relating to the pandemic relax, we will begin offering in-person mediation.
In his prior work as an attorney for large corporations, Daniel Gunter soon learned that corporate representatives find it difficult to attend mediations in places distant from their home headquarters. Because of those challenges, decisionmakers sometimes chose to attend telephonically, which typically results in a less effective mediation.
Online mediation permits decisionmakers to attend virtually and can result in a more effective mediation process. In joint sessions, the parties can see one another and gauge each other more accurately. The mediator, too, can observe the parties to the dispute and attend to their nonverbal cues. Both parties benefit, as the mediation can proceed with more information available to all — and with greater buy-in from all parties.
Only a very few people enjoy being parties to a lawsuit. Litigation is expensive, time-consuming, and wearying. Moreover, it is unpredictable. Ethical rules prohibit lawyers from guaranteeing results for the simple reason that no one can say for certain how a lawsuit will end. Even those cases that appear to be surefire winners can turn out to be dead losses.
An illustrative story: One of my former partners tried a case in which it appeared that everything was going brilliantly for his client, the defendant. The plaintiff’s own expert had offered opinions favorable to the defendant. Almost every fact witness testified favorably to the defendant. Yet the jury returned a verdict in favor of the plaintiff and awarded significant damages.
The court granted my partner’s request to speak with the jury. The jury members explained that they had no doubt that the defendant was not at fault. But they believed that, if the plaintiff didn’t receive an award, he would have to resort to public assistance—and that they would, through their taxes, end up paying for him. They preferred to have the defendant pay, even though they agreed that the facts entirely supported the defendant.
The moral of this story? Even the best case can turn out badly.
Mediation offers litigants the opportunity to avoid the expense, the time, and the uncertainties of litigation. Through mediation, parties can craft a resolution acceptable to all of them. Mediation can also offer a means of salvaging or even repairing relationships. This is true even if both parties are business entities.
As your mediator, I will work to help you see the benefits of settlement—and to see the strengths and weaknesses of your case. With a clear-eyed assessment of the risks of litigation, you or your client can find a path to resolve the dispute—and thus save money, time, and trouble. Through mediation, you—not the judge, not the jury—get to control the outcome of your dispute.
Daniel Gunter is a Qualified Neutral for general civil matters and family law matters under Rule 114 of the Minnesota Rules of General Practice. He mediates civil cases, including family law matters, at the trial and appellate level. He also conducts prelitigation mediations for parties who want to avail themselves of the opportunity to avoid the high costs of litigation.
Daniel Gunter graduated from the University of Oregon School of Law in 1997. He graduated first in his class, and he also served as editor-in-chief of the Oregon Law Review for 1996–97. After graduation, he served as law clerk for one year for the Honorable Robert R. Beezer of the United States Court of Appeals for the Ninth Circuit. From 1998 until 2018, he worked as a litigator with the Seattle law firm Riddell Williams P.S., which was acquired by Fox Rothschild, LLC, in 2017. Daniel has also taught legal writing at Hamline University School of Law and Mitchell Hamline School of Law.
As a litigator, Daniel worked in a wide range of areas, including commercial disputes, construction defect, employment, maritime, product liability, and appeals. He had significant experience working with expert witnesses--from both sides of the table. He also advised commercial clients in negotiating major contracts.
After more than twenty years of clerkship and litigation experience, Daniel understands the importance and benefits of alternative dispute resolution. As a mediator, Daniel seeks to identify the parties’ interests and to help the parties and their lawyers understand the strengths and weaknesses of their cases--and of their opponents' cases.
Daniel handles mediations primarily in and around the Twin Cities, but he is happy to mediate cases throughout the state. He is located in Kanabec County and thus convenient to litigants in that county as well as Isanti, Sherburne, Pine, Chisago, Mille Lacs, Aitkin, Carlton, Benton, Stearns, and Crow Wing counties.
Daniel is especially well qualified to mediate cases that involve scientific or technical matters, and in particular cases in which the parties rely on competing experts. In addition, he is experienced in family law mediation.
Please contact us by telephone or email to inquire about setting up an online mediation session
Daniel Gunter
19191 Island View Drive
Mora, MN 55051
651-529-0163
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